Roger Williams University Law Review Volume 26 Issue 2 Vol. 26: No. 2 (Spring 2021) Article 6 Symposium: Is This a Christian Nation? Spring 2021 The Legal Ramifications of Christian Nationalism Steven K. Green Willamette University Follow this and additional works at: https://docs.rwu.edu/rwu_LR Part of the First Amendment Commons, and the Religion Law Commons Recommended Citation Green, Steven K. (2021) "The Legal Ramifications of Christian Nationalism," Roger Williams University Law Review: Vol. 26 : Iss. 2 , Article 6. Available at: https://docs.rwu.edu/rwu_LR/vol26/iss2/6 This Article is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized editor of DOCS@RWU. For more information, please contact [email protected]. The Legal Ramifications of Christian Nationalism Steven K. Green* INTRODUCTION One of the more resilient debates about American constitutional history is the one over the nation’s purported religious founding. As predictable as the Chicago Cubs’ collapse every summer, legal and religious conservatives periodically raise claims about America’s Christian heritage in their efforts to gain the moral and legal high ground in the ongoing culture wars. One recent example of this is found in the June 24, 2018, Sunday sermon of Reverend Robert Jeffress of First Baptist Church of Dallas, Texas.1 In that sermon, titled “America is a Christian Nation,” Reverend Jeffress asserted that the nation’s Founders were predominately evangelical Christians and that they intended to instill Christian values in the nation’s governing documents.2 America was founded as a Christian nation, Jeffress insisted, and the nation’s law and institutions needed to rediscover and reaffirm this basis.3 While Reverend Jeffress’s claims could be passed off as the ramblings of a fundamentalist preacher, Dallas First Baptist is * Steven K. Green is the Fred H. Paulus Professor of Law and Affiliated Professor of History and Religious Studies at Willamette University. In addi- tion, Professor Green directs the interdisciplinary Center for Religion, Law and Democracy, one of Willamette’s Centers of Excellence. 1. Robert Jeffress, America Is a Christian Nation, FIRST BAPTIST DALLAS (June 24, 2018), https://www.firstdallas.org/media/worship/america-is-a-chris- tian-nation/ [https://perma.cc/LZ79-4JNS]. 2. Id. 3. Id. 430 2021] IS THIS A CHRISTIAN NATION? 431 considered one of the more prestigious congregations in the nation’s largest Protestant denomination.4 And Reverend Jeffress is not alone in his assertions—he is part of a large group of political and religious figures who raise similar truth-claims and use Christian nation arguments to promote a conservative social and political agenda.5 More than a handful of Christian Nationalists have access to the holders of the nation’s political and judicial power; Jeffress, for one, was among President Donald Trump’s closest religious advisors, serving on his Evangelical Advisory Board.6 Although claims that America was founded as a Christian nation have existed for a long time, ebbing and flowing in response to cultural forces,7 the maxim witnessed a resurgence in the latter decades of the twentieth century, carrying over into the twenty-first century.8 Investigative journalists at Religion Dispatches and Church & State magazine have documented the rise in Christian nationalism for some time,9 and in 2019 the moderate-leaning Baptist Joint Committee for Religious Liberty (BJC) launched an initiative to combat this trend, “Christians Against Christian Nationalism,” with the BJC’s director declaring that the “threat of 4. Daniel Silliman, At Jeffress’ First Baptist Church of Dallas, Trump Support is Part of a 150-Year Tradition, RELIGION DISPATCHES (July 31, 2018), https://religiondispatches.org/at-jeffress-first-baptist-church-of-dallas-trump- support-is-part-of-a-150-year-tradition/ [https://perma.cc/BUD7-NKNE]. 5. See, e.g., Rob Boston, All the President’s Men and Women: Members Of Trump’s Evangelical Advisory Board Are Hard at Work Changing Public Policy – But They’d Rather You Not Know About It, CHURCH & STATE MAGAZINE (Oct. 2018), https://www.au.org/church-state/october-2018-church-state/cover- story/all-the-presidents-men-and-women-members-of [https://perma.cc/VC4X- 9K77]. 6. See id.; Liz Hayes, The Apostle of Trump: The Rev. Robert Jeffress Wasn’t Known to Most Americans Before He Emerged As President’s Chief Evangelical Defender, CHURCH & STATE MAGAZINE (July/Aug. 2018), https://www.au.org/church-state/julyaugust-2018-church-state-magazine/fea- tured/the-apostle-of-trump-the-rev-robert [https://perma.cc/28NK-5QK5]. 7. See generally STEVEN K. GREEN, INVENTING A CHRISTIAN AMERICA: THE MYTH OF THE RELIGIOUS FOUNDING (2015). 8. See Liz Theoharis, The rise of Christian Nationalism in America, SALON (Oct. 4, 2020), https://www.salon.com/2020/10/04/the-rise-of-christian- nationalism-in-america-_partner/ [https://perma.cc/JM4W-KUNA]. 9. See, e.g., Simon Brown, Founded On Faith?, CHURCH & STATE MAGAZINE (July/Aug. 2015), https://www.au.org/church-state/julyaugust-2015- church-state/featured/founded-on-faith [perma.cc/27GK-J5QU]; see also Silli- man, supra note 4. 432 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol.26:430 Christian Nationalism has reached [a] high tide.”10 Indeed, some scholars have maintained that the election of Donald Trump as president in 2016 can be explained in part by Trump’s loaded rhetoric that appealed to Christian nationalist voters.11 Before proceeding further, the proposition that America is a Christian nation requires defining, as does the impulse of Christian nationalism. Defining the former is more difficult than it looks, as the concept of America being a Christian nation has a protean quality. A high degree of scholarly consensus exists about the religious impulses behind the settling of the British-American colonies and the significant role that religious rhetoric played during the founding period that inspired popular support for the revolutionary and republican causes.12 Scholars also generally agree that the evangelical revivals of the 1740s spawned nascent democratic impulses by emphasizing liberty of conscience and turning religious affiliation into a voluntary enterprise.13 There is much less agreement over whether there was a direct connection between Calvinist-covenantal theology and Biblical principles on one side and the sources of republican ideology on the other side.14 Proceeding further in this taxonomy, a smaller number of scholars and popular writers argue that a Protestant ethos pervaded the 10. Amanda Tyler, Opinion, Threat of Christian Nationalism Has Reached High Tide, GOOD FAITH MEDIA (July 30, 2019), https://goodfaithme- dia.org/threat-of-christian-nationalism-has-reached-high-tide/ [perma.cc/4LAT-ZBEZ]. 11. Andrew L. Whitehead, Samuel L. Perry & Joseph O. Baker, Make America Christian Again: Christian Nationalism & Voting for Donald Trump in the 2016 Presidential Election, 73 SOC. RELIGION 147, 153 (2018). 12. See generally CATHERINE L. ALBANESE, SONS OF THE FATHERS: THE CIVIL RELIGION OF THE AMERICAN REVOLUTION (1976); RUTH H. BLOCH, VISIONARY REPUBLIC: MILLENNIAL THEMES IN AMERICAN THOUGHT, 1756–1800 (1985); NATHAN O. HATCH, THE SACRED CAUSE OF LIBERTY: REPUBLICAN THOUGHT AND THE MILLENNIUM IN REVOLUTIONARY NEW ENGLAND (1977); THOMAS S. KIDD, GOD OF LIBERTY: A RELIGIOUS HISTORY OF THE AMERICAN REVOLUTION (2010); MARK A. NOLL, AMERICA’S GOD: FROM JONATHAN EDWARDS TO ABRAHAM LINCOLN (2002). 13. See generally CEDRIC B. COWING, THE GREAT AWAKENING AND THE AMERICAN REVOLUTION: COLONIAL THOUGHT IN THE 18TH CENTURY (1971); ALAN HEIMERT, RELIGION AND THE AMERICAN MIND: FROM THE GREAT AWAKENING TO THE REVOLUTION (1966); FRANK LAMBERT, INVENTING THE “GREAT AWAKENING” (1999). 14. See MARK A. NOLL, NATHAN O. HATCH & GEORGE M. MARSDEN, THE SEARCH FOR CHRISTIAN AMERICA 70–106 (1983). 2021] IS THIS A CHRISTIAN NATION? 433 founding period—rather than a post-Enlightenment one—and that the ubiquitous religious rhetoric indicates that: (1) the majority of people, including the political leadership, held orthodox-Christian beliefs; and (2) that framers of the nation’s governing documents intended to incorporate Christian principles into them.15 Finally, an even smaller number of writers and politicians claim that the United States was specially blessed or chosen by God, that his providential hand directed the framers in the nation’s founding.16 Under this last perspective, the nation’s past and founding documents assume an almost sacred quality. As can be appreciated, due to the variety of potential understandings and fluidity between perspectives, it can be difficult to decipher what one means when speaking of America’s Christian heritage or of it being a “Christian nation.”17 As a result, rhetoric about America’s Christian founding can appeal to a wide audience. Many people hold vague, if not ill- defined ideas about America’s Christian nationhood.18 A study by the First Amendment Center revealed that over fifty percent of Americans believe that the U.S. Constitution created a Christian nation, notwithstanding its express prohibitions on religious establishments and religious tests for public office holding.19 A 15. See MARK D. HALL, DID AMERICA HAVE A CHRISTIAN FOUNDING? SEPARATING MODERN MYTH FROM HISTORICAL TRUTH 23–55 (2019). 16. See generally GARY DEMAR, AMERICA’S CHRISTIAN HISTORY: THE UNTOLD STORY (1995); JOHN FEA, WAS AMERICA FOUNDED AS A CHRISTIAN NATION?: A HISTORICAL INTRODUCTION (2011); TIM LAHAYE, FAITH OF OUR FOUNDING FATHERS (1987). In a 2000 study, sociologist Christian Smith iden- tified six meanings of a “Christian America” among evangelicals, with the more common conceptions being that America was founded by people in search of religious liberty, that the laws and structures of American government incor- porated Christian principles, and that the Founders were devout Christians or theists who sought God’s will in founding the nation.